Mvoko v South African Broadcasting Corporation Soc Ltd (1066/2016) [2017] ZASCA 139; 2018 (2) SA 291 (SCA) (29 September 2017)

Mvoko v South African Broadcasting Corporation Soc Ltd (1066/2016) [2017] ZASCA 139; 2018 (2) SA 291 (SCA) (29 September 2017)

The Supreme Court of Appeal found that the SABC's interpretation of the 'as and when required' clause was overly broad and inconsistent with the agreement's context and annexures, which contemplated regular scheduling and specific performance of services by Mr Mvoko. The SABC's suspension of Mr Mvoko was not supported by a proper investigation as required by the agreement, and its conduct, motivated by political interference, breached its constitutional and statutory obligations to uphold editorial independence and freedom of expression. The court held that the SABC must comply with the agreement and schedule Mr Mvoko to perform his services, as the suspension was unlawful and not...

Citation
[2017] ZASCA 139
Parties
Appellant: Vuyo Mvoko; Respondent: South African Broadcasting Corporation Soc Ltd
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 September 2017
Case Number
1066/2016
Procedural Posture
Leave to Appeal / Appeal From Gauteng Local Division, Johannesburg
Outcome
Appeal upheld; application for leave to appeal granted; SABC ordered to comply with the agreement and pay costs.
Judges
Navsa, Mathopo, Mokgohloa, Tsoka, Fourie
Legal Topics
Specific Performance, Freedom of Expression, Broadcasting Act, Editorial Independence, Protected Disclosures, Contractual Interpretation
Commercial and Corporate Constitutional Law Specific Performance Freedom of Expression Broadcasting Act Editorial Independence Protected Disclosures Contractual Interpretation

Case Brief

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Parties

Vuyo Mvoko

Appellant

South African Broadcasting Corporation Soc Ltd

Respondent

Procedural Posture

Leave to Appeal / Appeal From Gauteng Local Division, Johannesburg

Legal Issues

  1. 1 Whether the SABC lawfully suspended Mr Mvoko's services under the independent contractor agreement.
  2. 2 Whether the agreement entitled Mr Mvoko to specific performance and scheduling of services.
  3. 3 Whether the SABC's conduct breached its constitutional and statutory mandate regarding editorial independence and freedom of expression.

Ratio Decidendi

The Supreme Court of Appeal found that the SABC's interpretation of the 'as and when required' clause was overly broad and inconsistent with the agreement's context and annexures, which contemplated regular scheduling and specific performance of services by Mr Mvoko. The SABC's suspension of Mr Mvoko was not supported by a proper investigation as required by the agreement, and its conduct, motivated by political interference, breached its constitutional and statutory obligations to uphold editorial independence and freedom of expression. The court held that the SABC must comply with the agreement and schedule Mr Mvoko to perform his services, as the suspension was unlawful and not...

Court Disposition

Appeal upheld; application for leave to appeal granted; SABC ordered to comply with the agreement and pay costs.

Orders

  • The application for leave to appeal is granted and the respondent is ordered to pay the applicant’s costs.
  • The appeal is upheld with costs including the costs of two counsel.